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2010 (12) TMI 1093 - RAJASTHAN HIGH COURTWhether the respondents before terminating the contract or rejection of the tender application submitted by the petitioner company have not at all appreciated the fact that the demand due already stood satisfied on October 11, 2010, that is prior to inviting fresh tenders on October 13, 2010? Held that:- The respondents instead of doing so granted an opportunity to the petitioner to deposit the due amount but he did not choose to do so. In these circumstances, the decision taken by the respondents on October 4, 2010 to cancel the petitioner’s tender is in accordance with the terms and conditions of the tender notice. The respondents before terminating the contract or rejection of the tender application submitted by the petitionercompany have not at all appreciated the fact that the demand due already stood satisfied on October 11, 2010, that is prior to inviting fresh tenders on October 13, 2010The petitioner, not only before the respondents but before this court too, tried to conceal the terms and conditions applicable for grant of a contract, those are quite material for adjudication of the issue. The petitioner, along with the petition for writ has placed on record copy of the notice inviting tender but has not placed on record the terms and conditions prescribed by the Commercial Taxes Department for grant of contract. No adequate explanation is also given for not placing such an important document on record. Thus not inclined to invoke extraordinary powers of this court as prayed for in this matter. Appeal dismissed.
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